Delhi High Court Denounces Arbitrary Arrest Practices, Denies Bail in Infant Trafficking Dispute

The administration of criminal justice relies heavily on the impartial, transparent, and prompt functioning of law enforcement agencies. When investigative bodies exhibit arbitrary behavior—such as selectively deciding whom to apprehend while ignoring other key suspects—it undermines the foundational principles of the legal system. In a significant judicial pronouncement, the Delhi High Court has strongly criticized the selective arrest policies adopted by investigative authorities.

In the matter of Rajkumar vs State (NCT of Delhi), bearing Neutral Citation No. 2026:DHC:7282 and pronounced on 31.08.2026, the Single Judge Bench presided over by Hon’ble Mr. Justice Girish Kathpalia delivered a detailed oral judgment addressing these systemic flaws. The Court firmly rejected the regular bail application of the accused, while simultaneously issuing strict directives to the concerned Deputy Commissioner of Police (DCP) regarding the immediate rescue of a trafficked infant.

Factual Matrix of the Dispute

The proceedings emanated from FIR No. 293/2024, registered at Police Station Nangloi. The primary allegations leveled by the prosecution revolved around a severe instance of child trafficking, invoking Section 370 IPC read with Section 34 IPC, alongside Section 81 of the JJ Act.

According to the factual narrative presented by the prosecution, the applicant, Rajkumar, along with a co-accused named Gayatri, allegedly masqueraded as a married couple. Under this false pretense, they proceeded to adopt an infant girl from her biological parents. The prosecution highlighted that the infant in question was the sixth female child born to her biological parents.

Subsequent to gaining custody of the child, the applicant and the co-accused purportedly sold the infant to another individual, identified as Deepika. The chain of trafficking did not end there, as Deepika allegedly proceeded to sell the infant further to unknown third parties. A critical piece of evidence relied upon by the investigating officers was photographic documentation. The prosecution submitted that the applicant was clearly visible in photographs taken at the time of accepting the infant from her biological parents.

Submissions by the Applicant and the State

During the hearings, both the defense and the prosecution presented their respective arguments regarding the entitlement of the applicant to regular bail.